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(영문) 대법원 2015.06.11 2015도4781
강간상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of rape

In addition, examining various circumstances, such as the age and behavior environment of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the determination of the lower court that sentenced the Defendant ten years of imprisonment cannot be deemed to be extremely unfair.

2. Examining the evidence duly admitted by the first instance court with respect to the request for attachment order, the lower court is justifiable to maintain the first instance court ordering the Defendant to attach an electronic tracking device for 20 years, considering that the risk of recidivism and recidivism of sexual crimes exists, and there is no error of law as otherwise alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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